Irvin v. State
Court of Criminal Appeals of Texas
The State’s testimony showed that ill feeling existed between defendant and the deceased, growing out of their relations with a certain married woman; that on the night of the homicide all the parties were at a social function or supper; that after the supper the .said woman, Eoberta Green, together with the deceased, left in a buggy with the two infant children of said woman, and that after proceeding a while they were overtaken by the defendant, and that the latter rode up…
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The State’s testimony showed that ill feeling existed between defendant and the deceased, growing out of their relations with a certain married woman; that on the night of the homicide all the parties were at a social function or supper; that after the supper the .said woman, Eoberta Green, together with the deceased, left in a buggy with the two infant children of said woman, and that after proceeding a while they were overtaken by the defendant, and that the latter rode up on the side where the woman was sitting around back of the buggy wheel and asked whether they were all going in, to…
1Opinion of the Court
FRENDERGAST, Judge.
The appellant was indicted for murder, convicted of murder in the "second degree, and his punishment fixed at ten years in the penitentiary.
The first assignment is that the court erred in overruling his motion for a continuance. The continuance was sought because of the absence of several witnesses none of whom had been summoned. The bill, as qualified and allowed by the court, shows that" appellant “was indicted January 14, 1911. He was then in jail. On January 17 the judge had him brought into open court for the purpose of appointing counsel to represent him if he had not…
2Cases cited5 opinions
- Earles v. StateCourt of Criminal Appeals of Texas · 1912
- Godwin v. StateCourt of Criminal Appeals of Texas · 1898
- Lucas v. StateCourt of Criminal Appeals of Texas · 1898
- O'Neal v. StateCourt of Criminal Appeals of Texas · 1909
- Wright and Wright v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by3 opinions
- Dugan v. StateCourt of Criminal Appeals of Texas · 1917
- Young v. StateCourt of Criminal Appeals of Texas · 1921
- Dugan v. StateCourt of Criminal Appeals of Texas · 1917